Holden Green’s Answers

I was arrested 12 yrs ago for felony assault but not charged/convicted. In filling out U4 for Series 7, how worried should I be?

In 2000, I was involved in a physical altercation. An individual struck me and I struck back with a blunt object. I was arrested for felony ADW. However, the charges were completely dropped since it was deemed an act of self defense. So when FINRA...

Holden’s Answer

May 17, 2012 7:12am

Well it is not a conviction. Most background checks only pull up convicitons unless of course you currently hold a state license, I would contact the arresting agency and try and get them to approve a form they have:Finding of factual innocence. PC 851.8. If it is granted the arrest will be pulled down if it has not (except for the feds) been pulled down at the state level.

How do I file a complaint against a terrible property manager in San Diego, CA?

I have fired my property manager but would like for others to be warned about the company. Can they take me to court if I say negative (but true) things about them? The company is not listed with the BBB.
Thank you.

Holden’s Answer

May 17, 2012 7:09am

I agree. I would file a truthful complaint with pictures or other evidence to the local housing authority. I would also write a demand letter through an attorney. The other legal remedy is to hire an attorney and file a nuisance vlaim or an injunction providing that you have legal standing. Good luck.

I was sent a demand letter from a debt collector attorney i sent them a debt dispute validation letter and they never responded

i sent it them a bunch of times by certified mail they never validated the debt now they are trying to sue me, is it not against the FDCPA? i thought they couldnt collect or sue if they couldnt validate the debt this is for a consumer debt

Holden’s Answer

May 17, 2012 7:06am

Correct. If you say cease and desist in writing the collectors can only communicate with you in writing. Next they may try and file a lawsuit and serve you. Good luck.Do not pay them anything unless you feel that charge is valid. Otherwise in CA for example it resets the clock on Statute of Limitations.

What my role can be in a business I own with my sister if I don't have a work permit?

I'd like to open a business with my sister. She has a green card and I don't. Some lawyers told me I can be a owner in the business but cannot work for it. What does that mean? What is my role in the business? And what are gonna be my rights in th...

Holden’s Answer

May 14, 2012 11:52pm

You cannot work and have any money paid to you even indirectly. If she does her permit should be pulled with fines. It will also hurt you and her with the INS. Get a second opinion from an INS ATTy.

Is there any way to keep a California public nuisance arrest off your record?

A friend and I really had to go and we made the dumb decision to urinate in the bushes in a dark field. We were caught by cops who were waiting near the area. We explained that we intended to go but we actually didn't urinate and decided to leave ...

Holden’s Answer

May 14, 2012 6:31am

It depends if it was filed as a misdemeanor or an infraction. Without a criminal record it could be dismissed if the element for the charge is missing. This of course whould take the due dillegence of a careful and focused lawyer. I would see if the DA files and if so get an attorney.

A misdemeanor 20 months ago, which required sex registration for 3 years. How to file for early termination of probation

I was sentenced in August of 2010. It's been 20 months. Court supervision probation for three years after which it is to be changed to a lessor conviction and no sex registration afterwards.. I was told I could get the record expunged. The counsel...

Holden’s Answer

May 10, 2012 4:34pm

You can go on line and use the fill in forms for record clearances. The section for early termination of probation is PC Sec 1203.3. Get letters of recommendation and ask for a fee waiver on the $150 filing fee. That form is also available on line. You did not mention a County so you have to call the clerks office and find out what day and time is the motion heard. Santa Clara County's are every Tuesday in Department 42. Some counties do not have filing fees ie San Francisco and Alameda. You need to serve the DA and Probation.Good luck.

Double time credit possible?

My husband just signed a deal with the d.a. He was charged for armed robbery second degree, driving with no.licence and possession of some pills. He received a deal for 2 years from which he has to do 85%. I overheard his attorney talking with som...

Holden’s Answer

May 9, 2012 5:07pm

I understand how the setencing terms gets confusing now that state prison time is spent in county jails. Unfortunately the percentage of good time credits stays the same even in county jails. So the 85% will apply locally and when your husband gets out he will be on parole for three years. If he is really perfect he should petition to be released in 13 months. Good luck.

If i have a misdemeanor no bail warrant for not surrendering on the day i was supposed to.i got a court date 3weeks from now.

will they hold me til then if i get arrested?

Holden’s Answer

May 9, 2012 5:03pm

Well this questions sounds confusing. If you were given a surrender date that has not happened then why is there a warrant out for you? Warrants without bail are for probation violations or missing a surrender date. In order to help you please clarify in better detail your sentencing date and the fact pattern surrounding your release terms.